Waste Technology Services, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department Pipeline and Hazardous of Transportation 00 New Jersey Ave.. S ashnaton. DC 205 Administration Materials Safety JUL 19 2007 Technical Director T.L. Nebrich. Jr., CHMM, QEP, REM Reference No. 07-0113 435 North 2nd Street Waste Technology Services, Inc. Lewiston, NY 14092 Dear Mr. Nebrich: This is in response to your June 11, 2007 letter concerning the correct sequence for a basic description of a hazardous material under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). The sequence of the description was revised in a final rule issued under Docket No. PHMSA-06-25476 (HM-215I; 71 FR 78596) to begin with the UN identification number. "Waste" for a hazardous waste, as these terms are defined in § 171.8 of the HMR, to be placed Specifically, you ask if the HMR require the letters "RQ" for reportable quantity and the word to indicate the presence of these materials in a package. before the proper shipping description or proper shipping name on shipping papers and markings the UN identification number, proper shipping name, hazard class, and, when applicable. Effective January 1, 2007, a hazardous material's basic description under the HMR consists of assigned packing group, in that order. See § 172.202(b). However, the transitional provisions under § 171.14(e) permit the shipping description sequence in effect on December 31, 2006, which places the UN identification number after the hazard class, to be used until January 1, 2013. If a material meets the definition of a hazardous waste under § 171.8, and the word "waste" is not included as part of the proper shipping name for the material in Column 2 of the Hazardous Materials Table (§ 172.101 Table), § 172.101(c)(9) requires that the word "Waste" appear before the proper shipping name on a shipping paper. If a hazardous material meets the definition of a hazardous substance under § 171.8. § 172.203(c)(2) requires that the letters "RQ" appear before or after the proper shipping description on a shipping paper to denote the package contains a reportable quantity of this material. Therefore, shipping descriptions containing these notations may appear as follows: For a waste: Effective 1/1/2007: UN 1790, Waste Hydrofluoric acid. 8, PG II Permitted until 1/1/2013: Waste Hydrofluoric acid, 8, UN 1790, PG II For a hazardous substance: Effective 1/1/2007: RQ, UN 1790, Hydrofluoric acid, 8, PG II UN 1790, Hydrofluoric acid, 8, PG II, RQ 171.8 172.202 (b) 172.203 172.10/ 070113#

Page 2Permitted until 1/1/2013: RQ, Hydrofluoric acid, 8, UN 1790, PG II Hydrofluoric acid, 8, UN 1790, PG II, RQ For both a hazardous waste and hazardous substance: Effective 1/1/2007: RQ, UN 1790, Waste Hydrofluoric acid. 8, PG II UN 1790, Waste Hydrofluoric acid, 8. PG II, RQ Permitted until 1/1/2013: RQ, Waste Hydrofluoric acid, 8, UN 1790, PG II Waste Hydrofluoric acid, 8, UN 1790, PG II, RQ The marking requirements for the RQ and Waste notations remain unchanged. Restated here for your reference, § 172.324(b) requires a non-bulk package containing a hazardous substance to be marked with the letters "RQ." If the proper shipping name does not identify the hazardous substance(s) by name, § 172.324(a) requires that the package be marked with the name of the hazardous substance, or if there are two or more, the names of the two hazardous substances with the lowest reportable quantities in parentheses in association with the proper shipping name. The words "in association with means that these names may follow the basic description of the hazardous material in any reasonable format, provided it is clearly part of the entry. Under § 172.101(c)(9), the word "Waste" must appear before the proper shipping name as part of the Column 2 of the § 172.101 Table. package marking if the word "waste" is not part of the material's proper shipping name in I hope this satisfies your request. Sincerely, ULL Susan Gorsky Office of Hazardous Materials Standards Regulations Officer 2#

Page 3Edmonson 3172.202(6) WIs $172.203 (c)(2) §171.101 cE WASTE TECHNOLOGY SERVICES INC. June 11, 2007 §171.144 (e) Shipping Papers Mr. Edward Mazzullo 07-0113 Director of Office of Hazardous Material Standards Pipeline and Hazardous Materials Safety Administration, DOT 1200 New Jersey Avenue, SE East Building, 2°° Floor (PH Washington, DC 20590-001 Dear Mr. Mazzullo: I am writing to request a clarification of the requirements promulgated in the December 29, 2006 Federal Register - Harmonization With the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions; Final Rule, specifically the Shipping Description Sequence (i.e., §172.202). In this Final Rule, the basic description sequence for hazardous materials has quirement lie. $172.203) is unaffected o this rule chaie, thais the shad t ouremeni.i.e..o $172.202? Therefore, which of the following HM shipping descriptions would be correct (i.e.., RQ placement)? RQ, UN1993, Flammable Liquids, n.o.s. (Stoddard solvent), 3, PGII UN1993, RQ, Flammable Liquids, n.o.s. (Stoddard solvent), 3, PGII Can we further assume that the requirement of adding the word "waste" to a shipping changed either? description that does not contain the word "waste" in the basic description has not One further request... does the new shipping description sequence apply to "markings?" Corporate Office: 435 North 2nd Street, Lewiston, NY 14092 Telephone: 716-754-5400 • Fax: 716-754-8001 Amesbury, MA • Hartford, CT • Richmond, VA • www.wtsonline.com Responsible Care® Good Chemistry at Work#

Page 4• June 11. 2007 Mr. Edward Mazzullo Page 2 If you have any further questions, please do not hesitate to contact me. Very truly yours, WASTE TECHNOLOGY SERVICES, INC. Technical Director T.L. Nebrich, Jr., CHMM, QEP, REM TLN/tIn#